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Scottish Court of Session Decisions >>
Sir Alexander Gibson v Sir William Sharp. [1687] 3 Brn 661 (14 December 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn030661-1015.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 14 December 1687
Sir Alexander Gibson v. Sir William Sharp
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Sir William Sharp being pursued by Sir Alexander Gibson, clerk, for a debt of his uncle's, Sir William; he produced a letter from the King, stopping all processes against him for his uncle's debt, till he got in what the King was owing him.
The Lords proceeded notwithstanding of the letter, as surreptitious, et rescriptum contra jus, quod ab omnibus judicious refutari debet.
Sir William procured a new letter to the Lords, which was read on the 12th January 1688, bearing, that the Commissioners of Treasury had acquainted the King, that though he had discharged the Lords of Session to proceed against Sir William Sharp of Scotscraig, for some debts of his uncle's, whereon he was pursued by Sir Alexander Gibson, and others, which the King had taken off; therefore his Majesty willed that he should not be troubled; for thir were not the debts for which he had got the assignment upon Orkney and Zetland.
The President was very much displeased at this, as stopping justice; but at last complied; yet would not record the letter.
